Indianapolis Lawyers for Wrongful Death and Serious Personal Injury

Serious injury and death can occur as the result of the mistreatment or
neglect of individuals held in Indiana police or sheriff’s department
custody and jail or those participating in
Community Corrections programs. When this occurs, the injured or the families of the deceased
have a right to compensation for their losses. At Keffer Hirschauer LLP,
you’ll find
experienced Indiana lawyers for wrongful death or serious personal injury cases involving inmates
and Community Corrections participants.

Lawyers for Wrongful Death or Serious Injury in Jail or Community Corrections

The Indianapolis attorneys of Keffer Hirschauer LLP are experienced in
criminal defense and civil rights law. We are extremely knowledgeable and passionate about
fighting for our clients’ civil rights at various stages of the
legal process, from investigation to incarceration to probation.

Inmates and others at various stages of
adjudication or punishment under the criminal justice system sometimes have limited
civil rights. However, some rights remain regardless of incarceration
or criminal convictions. The right to be free from cruel and unusual punishment
under the
Eighth Amendment of the
Constitution of the United States is one of these. In some cases when an inmate is injured in jail or denied
medical treatment in jail or a Community Corrections program, other civil
rights protections and state laws might apply as well. The same is true
in incidents involving Community Corrections or inmate deaths in Indiana.

However, a Community Corrections or jail negligence lawsuit or mistreatment
case can be difficult to prove in court. It is important to work with
knowledgeable Indiana lawyers for wrongful death and serious injuries
in these cases as soon as possible to gain the best footing early in your
case. The civil rights attorneys of Keffer Hirschauer LLP are here for
you and your family, ready and eager to help.

Civil Rights of Inmates and Community Corrections Participants

The Eighth Amendment of the U.S. Constitution

In cases of an inmate injured in jail, a resulting jail negligence lawsuit
or legal action for mistreatment is often based on the infringement of
civil rights provided under the Eighth Amendment. Individuals held or
incarcerated for a criminal offense are protected from cruel and unusual
punishment under the Eighth Amendment of the U.S. Constitution. While
some forms of punishment and living conditions are accepted as reasonable
punishment for criminal acts, there are limits to what people can be subjected
to by correctional facilities, officers, and agents. Excessive force and
brutality are both considered forms of cruel and unusual punishment.

Overpopulation of correctional facilities is one example of an unacceptable
condition that could lead to a jail negligence lawsuit. In
Brown v. Plata, the
Supreme Court of the United States found that prison overcrowding led to the inadequate medical care of inmates
and determined that receiving inadequate care or being denied medical
treatment in jail or prison constitutes a violation of civil rights under
the Eighth Amendment.

Estelle v. Gamble is another Supreme Court case in which the Court decided that neglect
of a prisoner’s serious medical needs constitutes cruel and unusual
punishment. But neglect in medical treatment is not the only form of abuse
that can lead to a jail neglect lawsuit. Other conditions that might violate
Eighth Amendment rights include unsafe living conditions, lack of appropriate
food or hygiene, and lack of proper security or protection.

The Fourth Amendment of the U.S. Constitution

The
Fourth Amendment to the Constitution protects Americans from unlawful or unreasonable search,
seizure, and detention. When a person is injured or killed in the course
of an unlawful search, seizure, or detention, this is a violation of civil
rights. However, the application of the Fourth Amendment to people in
various stages of the criminal justice system, like parolees and probationers, has been
debated by courts. Experienced lawyers for wrongful death and serious injury can help determine
if a person’s Fourth Amendment rights were violated.

The Fourteenth Amendment of the U.S. Constitution

The
Fourteenth Amendment prohibits states from depriving individuals of their rights to life, liberty,
and property without due process of law. The Amendment also requires states
to provide equal protection under the law to all people, regardless of
race, sex, or other factors. Infringement of these rights can be applicable
in some cases of mistreatment and neglect in custody or Community Corrections programs.

Statutory Rights of Inmates and Community Corrections Participants

Section 1983 of the Civil Rights Act of 1871 allows individuals to sue local or state entities for injuries or death
caused by neglect or mistreatment. Individuals in police custody, inmates,
and Community Corrections participants retain this right to sue, even
if they have been convicted of a crime.
Indiana state tort laws also protect the rights of citizens to file civil actions against government
entities, such as jails or police departments, for mistreatment or neglect
that results in serious injury or death.

Keffer Hirschauer LLP’s
Indianapolis lawyers for wrongful death and serious injury can evaluate the details of your specific situation and help determine
which, if any, of your or your loved one’s rights have been violated
and if there are grounds for a jail negligence lawsuit or other legal
actions for neglect, abuse, or mistreatment.

Causes of Injuries in Jail or Community Corrections

Serious injuries that merit a jail negligence lawsuit or other legal action
for wrongdoing can result from a number of incidents. Sometimes an inmate
injured in jail or a Community Corrections program is harmed by the direct
actions of another person, such as a corrections officer or another inmate,
while other scenarios involve the indirect impacts of unsuitable conditions
or neglect. Causes of serious injuries in jail or Community Corrections
programs can include:

These incidents and circumstances can result in a variety of serious injuries,
such as the following:

Head injury and traumatic brain injury (TBI)

Traumatic bodily injury

Suffocation or asphyxiation

Infection or illness

Dehydration

Malnutrition

Drug overdose

What Happens When a Person Dies in Custody or a Community Corrections Program

Community Corrections or inmate deaths in Indiana can result from the incidents
and causes listed above or something else altogether. Jail, Community
Corrections, and other custodial agents and officers have a responsibility
to protect the individuals under their supervision. When the health or
safety of a person is compromised under this government responsibility,
experienced lawyers in wrongful death based on civil rights violations
can help you pursue a jail negligence lawsuit or legal claim for mistreatment.

Government officials also have a responsibility to follow appropriate procedures
after the death of an inmate or Community Corrections participant. The
National Commission on Correctional Health Care establishes standards of care and develops position statements regarding
the health care and medical treatment of incarcerated individuals.

Responsible parties should review the appropriateness of the care received

Necessary areas of improvement should be identified

A “responsible health authority” must maintain a log with the
patient’s personal information, information from the review conducted,
details regarding the cause and manner of death, and any other relevant findings

A corrective follow up should occur regarding any actions that need to
be corrected

The records created and kept by medical providers and other officials and
authorities after inmate deaths in Indiana can become important evidence
in a jail negligence lawsuit or other legal actions for mistreatment or
abuse of individuals under government custody or supervision. The Indiana
lawyers for wrongful death and serious injury from Keffer Hirschauer LLP
know how to collect and preserve relevant records in these cases and use
that information to establish and support allegations of neglect or abuse.

Compensation for Serious Injury or Death in Jail or Community Corrections

The losses sustained by an inmate injured in jail or while participating
in a Community Corrections program often differ from the usual damages
in personal injury cases. The same is true, to an extent, for losses sustained
by families as a result of inmate deaths in Indiana.

In traditional personal injury and wrongful death cases, plaintiffs are
awarded damages, or compensation, for medical expenses, loss of income,
and pain and suffering. In cases in which a person is incarcerated at
the time of injury or death, medical costs will generally be paid by the
responsible agency. Loss of current income is also typically not an issue
in these cases.

However, inmates, Community Corrections participants, and their families
are still entitled to recover money damages when serious injuries or death
are caused by neglect or mistreatment on the part of government actors.
Items that can be considered in the calculation of damages for mistreatment
in government corrections programs or a jail negligence lawsuit include
future medical expenses, future loss of income, compensation for pain
and suffering, and, in some cases,
punitive damages.

You Need Experienced Lawyers for Wrongful Death and Serious Injury Cases

When serious injuries or deaths occur as the result of neglect or mistreatment
in jail or Community Corrections programs, the injured parties deserve
compensation under the law. Unfortunately, these claims can be extremely
difficult to prove.

The Prison Litigation Reform Act (PLRA), enacted in 1996, prohibits federal lawsuits under Section 1983 of the
Constitution unless all “administrative remedies as are available
are exhausted.” This effectively allows correctional institutions
to create administrative policies and procedures for complaints that are
difficult to navigate, leading many potential future plaintiffs to give
up on the process and forfeit their right to a federal lawsuit.

Additionally, state and federal employees are granted
qualified immunity from claims of wrongdoing in the course of their work, unless a violation
of a statutory or constitutional right can be proven. Establishing these
violations can be difficult and requires the knowledge of experienced
Indiana lawyers for wrongful death and serious injury.

If you were seriously injured as a result of abuse or neglect such as being
denied medical treatment in jail or a Community Corrections program in
Indiana, you deserve compensation. If your loved one died as a result
of mistreatment or neglect while in jail or under the supervision of a
Community Corrections program, you deserve compensation. Getting the compensation
you need and deserve begins with choosing the right legal partners to
lead the fight.

Keffer Hirschauer’s Indianapolis lawyers for wrongful death and serious
injury will put our knowledge and experience to work to recover monetary
damages for you and your family. Contact
Keffer Hirschauer LLP today by calling (317) 202-1163 or complete our
online contact form to schedule a free consultation.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.